Varsity Brands, Inc. v. Star Athletica, LLC

Varsity Brands, Inc. (Varsity) (plaintiff) held copyrights for several cheerleading uniform designs featuring chevrons, stripes, and color-blocking; Star Athletica, LLC (Star) (defendant) sold uniforms resembling some of these designs, and Varsity sued for infringement. Star moved for summary judgment, arguing the designs weren't copyrightable because they were part of a useful article; the district court agreed that a cheerleading uniform wouldn't be identifiable as such without these design types, making the design inseparable from the uniform's function, and granted Star summary judgment. Varsity appealed.